bill making paid political texts carry ad disclosures

The text as introduced · 361 words

90R3439 MZM-F

By: Gámez
H.B. No. 676

A BILL TO BE ENTITLED

AN ACT

relating to political advertising distributed or broadcast as part

of a mass text message campaign and the assessment of civil

penalties for required disclosures on certain political

advertising.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.001, Election Code, is amended by

amending Subdivision (16) and adding Subdivision (22) to read as

follows:

(16) "Political advertising" means a communication

supporting or opposing a candidate for nomination or election to a

public office or office of a political party, a political party, a

public officer, or a measure that:

(A) in return for consideration, is published in

a newspaper, magazine, or other periodical or is broadcast by radio

or television or as part of a mass text message campaign ; or

(B) appears:

(i) in a pamphlet, circular, flier,

billboard or other sign, bumper sticker, or similar form of written

communication; or

(ii) on an Internet website.

(22) "Mass text message campaign" means an organized

effort:

(A) in which a person sends a text message to

multiple recipients in support of or opposition to a candidate, a

political party, a public officer, or a measure; and

(B) that involves an expenditure of money for the

messages that exceeds the basic cost of hardware, messaging

software, and bandwidth.

SECTION 2. Section 255.001, Election Code, is amended by

adding Subsection (f) to read as follows:

(f) For purposes of assessing a civil penalty under

Subsection (e), all text messages that are distributed or broadcast

as part of a single mass text message campaign that violates this

section constitute only one violation of this section.

SECTION 3. The changes in law made by this Act apply only to

political advertising that is distributed or broadcast on or after

the effective date of this Act. The distribution or broadcasting of

political advertising before the effective date of this Act is

governed by the law in effect on the date the political advertising

was distributed or broadcast, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2027.